THE IMMIGRATION (CARRIERS’ LIABILITY) ACT, 2000 

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ARRANGEMENT OF SECTIONS 

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SECTIONS 

1.  Short title and extent. 
2.  Definitions. 
3.  Liability of carriers for passengers brought into India. 
 3A. Power to exempt. 
4.  Appeals. 
5.  Recovery of penalty due to Government. 
6.  Bar of legal proceedings. 
7.  Application of Acts 16 of 1939, 34 of 1920 and 31 of 1946 not barred. 
8.  Power to make rules. 
9.  Rules to be laid before Parliament. 
10.  Power to remove difficulties. 

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THE IMMIGRATION (CARRIERS' LIABILITY) ACT, 2000 

ACT NO. 52 OF 2000 

[11th December, 2000.] 

An  Act  to  make  the  carriers  liable  in  respect  of  passengers  brought  by  them  into  India  in 
contravention  of  the  provisions  of  the  Passport  (Entry  into  India)  Act,  1920  and  the  rules 
made thereunder and matters connected therewith.  

BE it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:— 
1.  Short  title  and  extent.—(1)  This  Act  may  be  called  the  Immigration  (Carriers'  Liability)  Act, 

2000. 

(2) It extends to the whole of India. 
2. Definitions.—(1) In this Act, unless the context otherwise requires,— 

(a) “carrier” means a person who is engaged in the business of transporting passengers by water 
or air and includes any association of persons, whether incorporated or not, by whom the aircraft or 
the ship is owned or chartered;  

(b)  “Competent  Authority”  means  the  civil  authority  appointed  under  sub-paragraph  (2)  of 
paragraph 2 of the Foreigners Order, 1948 made under the Foreigners Act, 1946 (31 of 1946) or any 
other officer notified by the Central Government in this behalf; 

(c) “prescribed” means prescribed by rules made under this Act. 

(2)  Words  and  expressions  not  defined  in  this  Act  but  defined  in  the  Foreigners  Act,  1946  (31  of 
1946)  or  the  Passport  (Entry  into  India)  Act,  1920  (34  of  1920)  shall  have  the  meanings  respectively 
assigned to them in those Acts. 

3. Liability of carriers for passengers brought into India.—Where the competent authority is of 
the opinion that any carrier has brought a person in contravention of the provisions of the Passport (Entry 
into  India)  Act,  1920  (34  of  1920)  and  rules  made  thereunder  into  India,  he  may  by  order  impose  a 
penalty of rupees one lakh on such carrier: 

Provided that no order shall be passed without giving the carrier an opportunity of being heard in the 

matter. 

1[3A. Power to exempt.—(1) Without prejudice to the provisions of the Passport (Entry into India) 
Act, 1920 (34 of 1920) and the rules made thereunder, if the Central Government is of opinion that it is 
necessary or expedient in the interest of the general public or to fulfil the international obligation, it may, 
by order notified in the Official Gazette and subject to such conditions as may be specified in the order, 
exempt any carrier or class of carrier from the operations  of all or any of the provisions of this Act and 
may, as often as may be necessary, revoke or modify such order. 

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each 

House of Parliament.] 

4. Appeals.—(1) An appeal shall lie against the order made under section 3 of this Act to the Joint 
Secretary to the Government of India in the Ministry of Home Affairs authorised in this behalf by that 
Government. 

(2)  Every  such  appeal  shall  be  preferred  within  thirty  days  from  the  date  of  the  order  appealed 

against: 

Provided  that  the  appellate  authority  may,  if  it  is  satisfied  that  the  appellant  was  prevented  by 
sufficient cause from preferring the appeal within the said period of thirty days, permit the appellant to 
prefer the appeal within a further period of thirty days. 

(3) On receipt of any such appeal, the appellate authority shall, after giving the parties a reasonable 
opportunity of being heard and after making such inquiry as it deems proper, make such order, as it may 
think fit, confirming, modifying or reversing the order appealed against. 

(4) Every appeal shall be preferred on payment of such fees as may be prescribed. 

1. Ins. by Act 44 of 2005, s. 2 (w.e.f. 15-11-2005). 

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5.  Recovery  of  penalty  due  to  Government.—Where  any  penalty  imposed  under  this  Act  is  not 

paid, the competent authority may recover the penalty so payable by seizing, detaining or selling— 

(a) the aircraft or the ship; or 

(b) any goods on the ship or aircraft, belonging to the carrier. 

6.  Bar  of  legal  proceedings.—No  suit,  prosecution  or  other  legal  proceeding  shall  lie  against  the 
Central  Government  or  the  competent  authority  or  any  officer  of  the  Central  Government  or  any  other 
person  exercising  any  powers  or  discharging  any  functions  or  performing  any  duty  under  this  Act  for 
anything in good faith done or intended to be done under this Act or any rule made thereunder. 

7. Application of Acts 16 of 1939, 34 of 1920 and 31 of 1946 not barred.—The provisions of this 
Act and the rules made thereunder shall be in addition to, and not in derogation of, the Registration of 
Foreigners Act, 1939, the Passport (Entry into India) Act, 1920 and the Foreigners Act, 1946 or the rules 
or orders made thereunder. 

8. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, 

make rules for carrying out the purposes of this Act. 

(2)  In  particular  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for— 

(a) the fees which shall be paid for appeals under sub-section (4) of section 4; 

(b) any other matter which is required to be, or may be, prescribed. 

9.  Rules  to  be laid  before  Parliament.—Every  rule  made  under  this  Act  shall  be  laid,  as  soon  as 
may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty 
days  which  may  be  comprised in  one session or  in  two  or  more  successive  sessions,  and if,  before  the 
expiry of the session immediately following the session or the successive sessions aforesaid, both Houses 
agree in making any modification in the rule or both Houses agree that the rule should not be made, the 
rule  shall  thereafter  have  effect  only  in  such  modified  form  or  be  of  no  effect, as  the  case  may  be;  so, 
however, that any such modification or annulment shall be without prejudice to the validity of anything 
previously done under that rule. 

10. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of 
this Act, the Central Government may, by order, do anything not inconsistent with such provisions for the 
purpose of removing the difficulty: 

Provided that no such order shall be made after the expiry of two years from the commencement of 

this Act. 

(2) Every order under this section shall be laid, as soon as may be after it is made, before each House 

of Parliament.  

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